NORTHAMPTON — The City Council is once again asking the state Legislature for permission to prohibit landlords and real estate brokers from charging prospective tenants a broker’s fee to rent property in the city.
At its April 17 meeting, the council unanimously approved a special order to make the request for the second time. The Legislature did not act on its initial request in 2022 and the council had to approve the order again and reintroduce it for the Legislature to consider it in a new session.
“It was good work when we did the first time. I’m happy to support it again,” said At-Large Councilor Marissa Elkins. “We want to stay on top of this.”
If approved, the special order would make requiring renters to pay a broker’s fee in the city “an unfair or deceptive act or practice in the conduct of a trade or commerce.” Violators of the rule would be subject to a $1,000 fine.
During the council’s April 3 meeting, City Council President Alex Jarrett said that the order is based on a report published jointly by the Pioneer Valley Planning Commission and the Northampton Housing Partnership in 2019 that looked at barriers to fair housing in the city.
“In that report, it talked about how two-thirds of landlords use a broker that charges 60% or more of a commission. So not only do you have to pay first, last, security, then you also pay the 60%,” Jarrett told the council. “Because you have to come up with that additional money immediately, that constitutes another barrier, especially for those who are on Section 8 or other vouchers or on disability, because the vouchers won’t pay for those fees.”
Many renters have to pay the first and last months of the lease term, one month’s rent as a security deposit and a fee to the broker who coordinated the transaction. In Northampton, where apartments.com says the average rent for a one-bedroom apartment is $1,500 a month, the up-front costs could come in at around $5,400.
The idea also has gained traction in the state capitol, with Gov. Maura Healey floating her own plan to eliminate the practice in January as part of her fiscal year 2026 budget.
The council has also recently approved several other special orders and proposed charter amendments to be sent to the Legislature for approval. Those measures include lowering the voting age to 16, allowing non-citizen residents to vote, and introducing ranked-choice voting. Those orders have been sent to the Legislature in previous years, although have yet to be approved for implementation.
Alexander MacDougall can be reached at amacdougall@gazettenet.com.
